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The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005

Consolidated Text As Enacted Cited authorities 228 Cited in Amendments 68 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2005/2877
Year2005
  • This Order may be cited as the Civil Partnership (Pensions, Social Security and Child Support) (Consequential,
    • (1) Schedule 1, which contains amendments of subordinate legislation relating to pension sharing on divorce, shall have effect.(2) Schedule 2, which contains amendments of subordinate legislation relating to occupational and personal pension schemes, shall have effect.(3) Schedule 3, which contains amendments of subordinate legislation relating to social security, shall have effect.(4) Schedule 4, which contains amendments of subordinate legislation relating to child support, shall have effect.(5) Schedule 5, which contains transitory provisions relating to child support, shall have effect.(1) Paragraph (2) applies in the case of a claimant who is a member of a couple who live together as if they were civil partners on or after 5th December 2005, in respect of whom there is an award of housing benefit or council tax benefit on 5th December 2005.the provisions of regulation 8(2) from the date that the claimant reports to the relevant authority that the couple live together as if they were civil partners; orfrom the date on which the relevant authority otherwise becomes aware that the couple are living together as if they were civil partners; orwhere there exists an award of a relevant benefit on 5th December 2005, from the date the superseding decision is made in relation to the relevant benefit that is consequential on the amendments made by paragraph 13, 26 or 35 of Schedule 3 to this Order,(3) The relevant authority may, where the provisions of paragraph (2) (b) (i) or (ii) apply, determine such earlier effective date for the superseding decision as it considers appropriate if it is satisfied that the claimant could reasonably have been expected to report that he is a member of a couple who live together as if they were civil partners earlier than the date which would otherwise apply under that paragraph.(4) The provisions of regulation 8(2) and (10) of the Decisions and Appeals Regulations shall apply in a case falling within paragraph (1) where the application of those provisions is advantageous to the claimant.(5) In this article—
    • “couple” has the same meaning as in regulation 2(1) of the Housing Benefit (General) Regulations 1987 ;
    • “the Decisions and Appeals Regulations” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ;
    • “relevant authority” has the same meaning as in regulation 2(1) of the Housing Benefit (General) Regulations 1987;
    • “relevant benefit” means income support, income-based jobseeker's allowance or a guarantee credit awarded under section 2(1) of the State Pension Credit Act 2002 .
    Amend the Pensions on Divorce etc. (Provision of Information) Regulations 2000 as follows.in the definition of “notice of discharge of liability”, after “former spouse” insert “ or former civil partner ”;in the definition of “notice of implementation”, after “former spouse” insert “ or former civil partner ”.in the heading preceding it, at the end add “ or dissolution of a civil partnership ”;in paragraph (1) , after “the spouse” (in each place) insert “ or civil partner ”;in sub-paragraph (b) , after “spouse” insert “ or civil partner ”;after “his spouse,” insert “ civil partner, ”.in the heading preceding it, after “and divorce” insert “ and dissolution of a civil partnership ”;in paragraph (1) , for “section 23(1) (a) (i) or (iii) ” substitute “ section 23(a) (i) , (ia) , (iii) or (iv) ”.In regulation 10 (provision of information after receipt of an earmarking order) , in paragraph (5) (a) , after “divorce” insert “ or dissolution of a civil partnership ”.Amend the Pensions on Divorce etc. (Charging) Regulations 2000 as follows.in paragraph (1) (a) (i) , after “divorce” insert “ or dissolution of a civil partnership ”;in paragraph (2) , for “his spouse” (in each place) substitute “ the member's spouse or civil partner ”;for “his spouse” where those words first appear substitute “ the member's spouse or civil partner ”;in sub-paragraph (a) , for “his spouse” substitute “ the member's spouse, civil partner ”.In regulation 6 (additional amounts recoverable in respect of pension sharing activity) , in paragraph (2) (b) , for “his spouse” substitute “ the member's spouse or civil partner ”.In regulation 2 of the Pension Sharing (Valuation) Regulations 2000 In regulation 15 of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 In regulation 15 of the Pension Sharing (Pension Credit Benefit) Regulations 2000

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